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200604179
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5/11/2006 4:49:08 PM
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5/11/2006 4:49:08 PM
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DEEDS
Inst Number
200604179
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<br />200604179 <br /> <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any <br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which <br />Borrower has actual knowladge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or <br />other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial <br />actions in accordance with Environmental Law. <br />As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substences by <br />Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and <br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, <br />"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or <br />environmental protection, <br /> <br />21. Acceleration; Remedies. Londor shall give notice to Borrower prior to acceleration following Borrower's breach <br />of any covonant or agreement in this Socurity Instrumont (but not prior to acceloration under paregraph 17 unless <br />applicable law providos otharwise). The notice shall specify: (a) the default; (bl the action roquired to cure the default; (c) <br />a date, not loss than the minimum numbor of days ostablishod by applicablo law from the date the notice is given to <br />Dorrowor, by which the default must bo cured; and (dl that failure to cure the dofault on or before the date specified in the <br />notice may result in acceleration of the sums secured by this Socurity Instrument, and sale of the Proporty. The notice <br />shall further inform Borrower of the right to reinstate efter acceloration and the right to bring a court action to assert the <br />non-oxistence of a dofault or any other defenso of Borrower to acceleration and sala. If the dofault is not cured on or <br />bofore the date specifiod in the notice, Lender at its option may require immediate payment in full of all sums securod by <br />this Socurity Instrument without further demand and may invoke the power of sale and any othor remodies pormittod by <br />applicablo law. Lender shell be entitled to collect all oxpenses incurred in pursuing the remedies provided in this <br />paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of titlo evidonce. <br />If the power of salo is invoked, Trusteo shall record a notice of dofault in each county in which any part of the <br />Property is locatod and shall mail copios of such notice in tho mannor prescribod by applicable law to Borrower and to the <br />other persons proscribod by applicable law. After the time required by applicable law, Trustee shall give public notice of <br />sale to tho persons and in the mannor prescribed by applicablo law. Trustoe, without demand on Borrower, shall sell tho <br />Proporty at public auction to tho highost bidder at the time and place and undor tho terms designated in the notice of sale <br />in one or moro parcols and in any order Trustee dotermines. Trustee may postpone sale of all or any parcol of the Property <br />by public ennouncement at the time and place of any previously scheduled solo. Lender or its designoe may purchase the <br />Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchasor Trustee's deed conveying the <br />Property. The roc ita Is in the Trustee's dood shall be prima facie evidence of the truth of the statemonts mado therein. <br />Trustee shall apply the procoeds of the salo in the following order: (a) to all costs and expenses of exercising the powor of <br />sale, and of the sale, including the payment of the Trustee's feos actually incurred, not to excDod % of the <br />principal amount of tho note at the time of the doclerotion of default, end reesonable attorneys' fees as permitted by law; <br />(b) to all sums socured by this Securityln.strumont; and (c) any excess to the person or persons legally entitled to it. <br /> <br />22. Roconvoyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey <br />the Property and shall surrender this Security Instrument and all notes evidoncing debt secured by this Security Instrument to Trustoe. <br />Trustee shall reconvey the Property without warranty end without charge to the person or porsons legally on titled to it. Such person or <br />persons shall pay any recordation costs. <br /> <br />23. Substitute Trustee. Lendor, at its option, may from time to time remove Trustee and appoint a successor trustee to any <br />Trustoe appointed hereunder by an instrumont recorded in the county in which this Security Instrument is recorded. Without <br />conveyance of tho Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee heroin and by <br />applicable law. <br /> <br />24. Requost for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address <br />which is the Property Address. <br /> <br />By initialing, I acknowledge this is page 6 of 7 <br />of the Deed of Trust. <br /> <br />@ Gopyrigh' Com,ha." Syslom,.lnc. 1993. 1994, 1895, 1897.2004 <br />ITEM 121NEL5 104091 P.g.6 of 7 <br /> <br />Initials <br /> <br />lniti:r.d$ <br /> <br /> <br />www .l:Dmpliancesys18trl~,t:(Im <br />BOO.959.B622 F., 61 H6S.ISSS <br />
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